[2021]DLCA10832 • May 5, 2021 • Court of Appeal
AMA POKUA vs. TETTEH AMOATEY & 2 ORS
INTRODUCTION This is an interlocutory appeal from the Ruling of the Circuit Court, Akim Swedru dated 19th October 2020. The appeal was duly filed on 18th November 2020 with leave of the trial court. The defendants who are the appellants herein had filed a motion for an order for the transfer of the Suit to the Circuit Court Agona Swedru by reason that the land the subject of the dispute was situate in the Central Region. The plaintiff (respondent herein) opposed the application, contending that the land was at Aperade in the Eastern Region and thus the appropriate forum. The trial court refused the application, holding that it had jurisdiction to determine the case. Grounds of appeal The defendants/appellants are seeking to: “set aside the Ruling, their objection to jurisdiction upheld, and the matter referred to the Honourable Chief Justice to decide on the appropriate forum for hearing the Suit”. The grounds of appeal are as follows: i. The decision of the Circuit Court ju...